390 S.W.3d 930
Mo. Ct. App.2013Background
- Dixie is a Louisiana electric cooperative with no Missouri presence; Poor Boy’s offered emergency services after storms and sent crews to Louisiana after Gustav.
- Dixie accepted via phone; Poor Boy’s convoy operated in Louisiana for about ten days.
- Poor Boy billed $2.8 million; Dixie paid $2.3 million; Poor Boy sued in Missouri for the balance.
- Trial court dismissed for lack of Missouri long-arm jurisdiction; Dixie challenged jurisdictional basis.
- Court reviews de novo; Poor Boy bears burden to show Dixie transacted Missouri business or contracted there under § 506.500; no material contract or business transacted in Missouri.
- Court affirms dismissal, holding Dixie neither contracted nor transacted business in Missouri; single phone call does not satisfy long-arm requirement
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dixie contracted in Missouri under § 506.500 | Poor Boy contends contract formed where acceptor spoke into Missouri | Dixie did not contract in Missouri | No contract in Missouri |
| Whether Dixie transacted business in Missouri under § 506.500 | Poor Boy seeks an emergency-business exemption | No Missouri business transacted by Dixie; no factual development for exemption | Dixie did not transact business in Missouri |
| Whether a single phone call suffices to satisfy long-arm jurisdiction | Poor Boy relies on Dixie contacting Missouri via phone to accept offer | A single call does not amount to transacting business | Phone call alone insufficient for long-arm jurisdiction |
| Whether minimum contacts exist to support due process in Missouri | Poor Boy seeks contacts through acceptance in Missouri | No meaningful minimum contacts shown | Not reached due to failure on § 506.500 grounds |
Key Cases Cited
- Wilson Tool & Die, Inc. v. TBDN-Tennessee Co., 237 S.W.3d 611 (Mo.App.2007) (contract formed by acceptance in Missouri; not applicable here)
- Tiger Mfg. Corp. v. Loadstar Material Handling Equip., Ltd., 341 F.Supp.2d 1107 (W.D.Mo.2004) (basis of jurisdiction on Missouri contract; distinguishable facts)
- Johnson Heater Corp. v. Deppe, 86 S.W.3d 114 (Mo.App.2002) (minimum contacts and long-arm principles cited)